Beth Cruz
Aug 15, 2026
AOS and the new RFE rule
Hi I was granted asylum by Uscis in Oct’25 and applied for AOS right away in Nov’25.Normally uscis allows you to apply for AOS without waiting for 1 yr after your asylum grant but doesnt adjudicate your case before that time period has been up. And when the time comes to adjudicate your case after 1 year,they send RFE for 1 year presence from asylum gramt.With this new RFE rule in effect,should we send the 1 year presence evidence ahead of their adjudication so that it wouldnt be subject to denial due to lack of evidence or are asylum cases exempt from this rule since it s technically not possible to provide the 1yr evidence in your application made before the 1 yr period?
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Jhonny ZionAug 15, 2026
that’s such a great question tbh
One ApplicantAug 17, 2026
The new RFE policy shouldn’t change this. USCIS specifically allows asylees to file I-485 before completing the 1-year physical-presence requirement
